Frye v. Commissioner of Social Security
Filing
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STIPULATION and ORDER AWARDING fees and expenses in the amount of $7,200.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and $400.00 in costs to be paid separately from the Judgment Fund pursuant to the terms of the parties' stipulation. Order signed by Magistrate Judge Erica P. Grosjean on 5/19/2017. (Rooney, M)
1 Jonathan O. Peña, Esq.
CA Bar ID No.: 278044
2 Peña & Bromberg, PLC
3 5740 N. Palm Avenue
Suite 103
4 Fresno, CA 93704
5 Telephone: 559-412-5390
Facsimile:866-282-6709
6 info@jonathanpena.com
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Karl E. Osterhout, Esq.
8 521 Cedar Way, Suite 200
9 Oakmont, PA 15139
Tel: 412-794-8003
10 Fax: 412-794-8050
11 Email: karl@mydisabilityattorney.com
12 Attorneys for Plaintiff, Christine Dalories Frye
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHRISTINE DALORIES FRYE,
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Plaintiff,
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v.
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Case No. 1:15-CV-01819-EFB
STIPULATION AND ORDER FOR THE
AWARD OF ATTORNEY FEES UNDER
THE EQUAL ACCESS TO JUSTICE ACT
(EAJA) 28 U.S.C. § 2412(d)
NANCY A. BERRYHILL, Acting
21 Commissioner of Social Security,
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Defendant.
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TO THE HONORABLE ERICA P.GROSJEAN, MAGISTRATE JUDGE OF
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THE UNITED STATES DISTRICT COURT:
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The Parties through their undersigned counsel, subject to the Court’s approval,
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stipulate that Plaintiff be awarded attorney fees in the amount of SEVEN THOUSAND,
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28 TWO HUNDRED DOLLARS ($7,200.00) under the Equal Access to Justice Act
1 (EAJA), 28 U.S.C. § 2412(d), and FOUR HUNDRED ($400.00) in costs to be paid
2 separately from the Judgment Fund. This amount represents compensation for all legal
3 services rendered on behalf of Plaintiff by counsel in connection with this civil action,
4 in accordance with 28 U.S.C. § 2412(d).
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After the Court issues an order for EAJA fees to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to
Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability
to honor the assignment will depend on whether the fees are subject to any offset
allowed under the United States Department of the Treasury’s Offset Program. After
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the order for EAJA fees is entered, the government will determine whether they are
subject to any offset.
Fees shall be made payable to Plaintiff, but if the Department of the Treasury
determines that Plaintiff does not owe a federal debt, then the government shall cause
15 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the
16 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s
17 counsel, Karl E. Osterhout.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for
19 EAJA fees, and does not constitute an admission of liability on the part of Defendant
20 under EAJA or otherwise. Payment of SEVEN THOUSAND, TWO HUNDRED
21 DOLLARS ($7,200.00) in EAJA attorney fees, and FOUR HUNDRED ($400.00) in
22 costs to be paid separately from the Judgment Fund, shall constitute a complete release
23 from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Karl E.
24 Osterhout, may have relating to EAJA attorney fees in connection with this action.
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This award is without prejudice to the rights of Plaintiff’s attorney to seek Social
Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
provisions of the EAJA.
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Respectfully submitted,
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3 Dated: May 8, 2017
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Dated: May 8, 2017
/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff
Dated: May 16, 2017
PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
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/s/ Karl E. Osterhout
KARL E. OSTERHOUT
Attorney for Plaintiff
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By: /s/ Sharon Lahey1
SHARON LAHEY
Special Assistant U.S. Attorney
Attorneys for Defendant
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Permission for use of electronic signature obtained from counsel by email dated
5/16/17.
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ORDER
Based upon the parties’ Stipulation for the Award and Payment of Equal Access
3 to Justice Act Fees, Costs, and Expenses:
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IT IS ORDERED that fees and expenses in the amount of $7,200.00 under the
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Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and $400.00 in costs to be
paid separately from the Judgment Fund pursuant to the terms of the parties’ stipulation.
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8 IT IS SO ORDERED.
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Dated: May 19, 2017
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/s/
UNITED STATES MAGISTRATE JUDGE
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